| The privileges enjoyed by the members of Parliament individually include |
| 1. Freedom from arrest in all cases |
| 2. Freedom from attendance as witness while parliament is in session |
| 3. Unlimited freedom of speech |
A) 1, 2, 3
B) 2, 3
C) 2 only
D) 3 only
Correct Answer: C
Solution :
[c] The members of Parliament also enjoy freedom from arrest. From this freedom it is understood that no such member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session. It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs. When a member of the House is arrested or detained, the authority concerned should immediately inform the speaker or the Chairman regarding the reasons for such arrest. A member can be arrested outside the four walls of the House on criminal cases under the Preventive Detention, ESMA, NSA, POTA or any other such Act. Freedom of speech: According to the Indian Constitution, the members of Parliament enjoy freedom of speech and expression. No member can be taken to task anywhere outside the four walls of the House (e.g. court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees. The basic idea of extending this freedom being the necessity that every member would put forward without fear or favour his/her arguments for or against any matter before the House. However, the Rules of procedure for the conduct of Business in the Houses of Parliament put certain restrictions on this freedom. That is, a member's freedom of speech should be in conformity to the rules framed by the House to regulate its internal procedure. Furthermore, the privilege of freedom of speech does not mean an unrestricted license of speech. For example, our Constitution forbids discussion in Parliament on the conduct of judges except on motion for their removal. In this connection, it may be pointed out that in India, there have been clashes between freedom of speech as guaranteed to the members of parliament and fundamental rights as given to the people under Article 19 (1) [a] of the constitution.
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